5 U.S.C. § 3521 — Definitions

submitted 24 years ago by Pub. L. 107-296 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 307 words · no verdicts yet

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This section defines “agency” and “employee” for the voluntary-separation-incentive subchapter. It lists several people who are excluded from “employee,” including certain annuitants, disabled employees, employees facing involuntary separation, prior recipients, and employees who recently received specified benefits.

In this subchapter:

(1) “Agency” means an Executive agency as defined in 5 U.S.C. § 105, except the Government Accountability Office.

(2) “Employee” means an employee under 5 U.S.C. § 2105 who works for an agency, and an individual working for a county committee established under 16 U.S.C. § 590h(b)(5), if that individual has an appointment without a time limit and has been continuously employed for at least three years.

“Employee” does not include: (A) a reemployed annuitant under subchapter III of chapter 83 or 84, or another government retirement system; (B) an employee whose disability makes the employee eligible, or potentially eligible, for disability retirement under those systems; (C) an employee who has received a decision notice of involuntary separation for misconduct or unacceptable performance; (D) an employee who previously received any federal voluntary separation incentive payment under this subchapter or another authority; (E) an employee with statutory reemployment rights who is in transfer employment with another organization; or (F) an employee who, during the stated look-back period, performed service for which the employee received or will receive: (I) a student-loan repayment benefit under § 5379 during the preceding 36 months; (II) a recruitment or relocation bonus under § 5753 during the preceding 24 months; or (III) a retention bonus under § 5754 during the preceding 12 months.

the actual law source: uscode.house.gov ↗public domain

In this subchapter, the term—

(1)

“agency” means an Executive agency as defined under section 105 (other than the Government Accountability Office); and

(2)

“employee”—

(A)

means an employee as defined under section 2105 employed by an agency and an individual employed by a county committee established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)) who—

(i)

is serving under an appointment without time limitation; and

(ii)

has been currently employed for a continuous period of at least 3 years; and

(B)

shall not include—

(i)

a reemployed annuitant under subchapter III of chapter 83 or 84 or another retirement system for employees of the Government;

(ii)

an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under subchapter III of chapter 83 or 84 or another retirement system for employees of the Government;

(iii)

an employee who is in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance;

(iv)

an employee who has previously received any voluntary separation incentive payment from the Federal Government under this subchapter or any other authority;

(v)

an employee covered by statutory reemployment rights who is on transfer employment with another organization; or

(vi)

any employee who—

(I)

during the 36-month period preceding the date of separation of that employee, performed service for which a student loan repayment benefit was or is to be paid under section 5379;

(II)

during the 24-month period preceding the date of separation of that employee, performed service for which a recruitment or relocation bonus was or is to be paid under section 5753; or

(III)

during the 12-month period preceding the date of separation of that employee, performed service for which a retention bonus was or is to be paid under section 5754.

Source credit: (Added Pub. L. 107–296, title XIII, § 1313(a)(1)(A), Nov. 25, 2002, 116 Stat. 2291; amended Pub. L. 112–74, div. G, title I, § 1401(b), Dec. 23, 2011, 125 Stat. 1134.)

history & why it existsrecord from the source credit

2002Enacted · Pub. L. 107-296 · 116 Stat. 2291
2011Amended · Pub. L. 112-74 · 125 Stat. 1134

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2002-11-25.

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